"Examine why sexual offenders attract so much attention these days. How has the Criminal Justice System responded to societies anxieties?"

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AS and A Level Law

Anonymity No:         140165                                                                                                        Date Submitted: 10th April 2005

Victims, Public Protection and Risk

“Examine why sexual offenders attract so much attention these days. How has the Criminal Justice System responded to societies anxieties?”

In preparing for this essay it has been identified that sexual offenders are not a homogenous group of individuals and that this is an umbrella term used to describe a range of behaviours ranging from acts of voyeurism and exhibitionism, to more serious acts of pedophilia and rape.

For the purpose of this essay I have chosen to focus on the more serious forms of sex offending which in my opinion, are the cause of much of the current attention. In order to understand why sexual offenders attract so much attention I will begin by considering today’s society and the emergence of post-modernist values and the preoccupation with risk. I shall then go on to consider the factors which have influenced this current climate. These include the media and its portrayal of high-profile cases like that of Sarah Payne and Sidney Cooke, actions taken in the USA to manage dangerous offenders and the introduction of new offences of ‘grooming’ spurred by the growth of the internet.

Following this I shall concentrate on how the Criminal Justice System has responded to society’s anxieties and public protection needs. I will consider the range of strategies implemented to manage and reduce risk, including new legislative provisions, the creation of a Sex Offender Register, development of risk assessment tools, Multi-Agency working and accredited programmes.

Finally I will consider the effectiveness of such interventions and whether the current preoccupation with public protection and management of offenders has been introduced at the expense of this category of offenders, who are now at risk of over inclusiveness and erosion of their human rights.

Social Theorists have noted a shift from what was once a ‘modernist’ society to one with post-modernist values (Beck 1986, Giddens 1990 & Garland 1985). It was during the period of “modernity” which stems back to the 18th century, that notions of tradition, feudalism and superstition began to be replaced by reasoning, science and exploration. There was a move away from harsh penal conditions and a move towards reforming individuals. It was during this period of modernity that there existed societal consensus and a general air of optimism which generated high levels of trust and respect for people in authority.

During the mid-1980s post-modernism emerged as an area of academic study, and it is this which currently describes today’s developed world. Attempts have been made to chart the shift from modernism to post-modernism, however this is largely attributed to the work of Ulrich Beck and what he describes as the emergence of a ’risk society’ (Beck 1986). Beck argued that the public are constantly being “confronted with socially created risks which endanger survival” (Beck 1986, p32). He saw one of these being globalisation, whereby communication is now effortless, thus increasing the risk of messages being distorted and information saturated which hence has the potential to perturb (Beck, 1986). Another was the creation of moral panics, first introduced by Stanley Cohen in his book “Folk Devils and Moral Panics” in 1972. He identified a universal tendency for society to focus all its fears on one identified group. This he noted, shifts overtime in accordance with societies level of tolerance of certain behaviours. For example drug users and single parents were once the target of much condemnation, however currently, it is paedophiles that have been elevated to position of ‘modern folk devil‘ (Cohen, 1972).

Much of this attention has been stimulated by our sensationalist media, and the increased reporting of sex crime which has not only increased visibility, but has created a public fascination with sex crime. Media coverage tends to be largely stereotypical, portraying sexual offenders as ‘bad, mad, or sad’ (Kitzinger & Skidmore 1995, p276) and pays little attention to causation. According to Cobley (2000, p2), ‘paedophile’ has become a household word, with computer research revealing that 712 articles mentioned ‘paedophiles’ during a four month period in 1998, where as it appeared only 1,312 times between 1992 and 1995.

Media coverage has raised public awareness and discontent, especially regarding release arrangements from prison (Home Office 2001c) and the perceived failure of community agencies to manage such offenders effectively. A key example being the case of Sidney Cooke, a convicted paedophile who operated a huge paedophile ring, in which they kidnapped, raped and killed children. Sidney Cooke was a known serial sex offender, however he was repeatedly released from prison into the community and once free continued to commit further sexual offences (BBC News, 1999).

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High-profile cases like that of the murder of 8 year old Sarah Payne by paedophile Roy Whiting in 2000, whom it was later revealed had previous convictions for an earlier sexual crime, has stimulated debate about the appropriate monitoring of sexual offenders (Thomas 2003, p217). It has also led to calls for a Sarah’s Law, whereby local communities would have the right to be informed of the details of those convicted for sexual offences. This demand for the “right to know” (Jackson & Scott 1999, p86) was further exacerbated by the News of the World’s ’name and shame’ campaign ...

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"Examine why sexual offenders attract so much attention these days. How has the Criminal Justice System responded to societies anxieties?"
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